Getting Paid: How to Create and Enforce Commercial Agreements by Christopher A. Schuld E YFORD M ACAULAY S HAW & P ADMANABHAN LLP November 23, 2016
Overview A. Introduction Creating the right agreement B. Enforcing your agreement C.
The Difference Between McDonald’s and Earl’s We are constantly entering and 1. performing contracts Napkins & handshakes vs. due diligence in 2. data rooms Security 3. Custom 4.
The Breach Ask 1. Insist 2. Escalate 3.
Who Ya Gonna Call? Collection agencies 1. Lawyer shopping 2. The psychological powers of letterhead 3. DIY 4. -under contract -user-friendly court registries
Strategies Other Than Lawsuits Revisiting the good old days when you 1. shook hands and made a contract Mandatory ADR procedures 2. Agreeing to ADR 3.
But While We Are At It… The clock is ticking 1. Small Claims vs. Supreme Court 2. Dollar thresholds 3. Mandatory procedures 4. Practical logistics 5.
Litigation Overview Pleadings 1. Document production 2. Examination for discovery 3. Summary trials 4. Trials 5.
Tricks of the Trade Real property – liens and CPLs 1. Registry law – default applications 2. Injunctions and extraordinary orders 3. Garnishing orders 4.
WE WON!....a piece of paper with a court stamp LTO registrations 1. Post-judgment garnishment 2. Examination in aid of execution 3. Payment hearings 4.
Conclusion: The Cost Benefit Analysis KYC 1. Front end protection vs. getting blood 2. from a stone Holding security – the differences between 3. land, money and chattels (better known as “stuff”) Beware your principles 4.
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